Bates & Ors v Post Office Ltd (No.5 : Common Issues Costs) [2019] EWHC 1373 (QB) (07 June 2019)

Bates & Ors v Post Office Ltd (No.5 : Common Issues Costs) [2019] EWHC 1373 (QB) (07 June 2019)

The court has discretion to make an immediate costs order following resolution of Common Issues in group litigation, and it is appropriate to do so here. The Claimants were broadly more successful but not wholly so; a 10% reduction in their recoverable costs is justified to reflect the Post Office's partial success and its conduct in unnecessarily extending the trial. Costs are to be assessed on the standard basis. Interim payments on account are ordered based on the approved costs budget and incurred costs, and all costs (budgeted and pre-budgeted) are subject to detailed assessment.

Citation
[2019] EWHC 1373
Parties
Claimants: Alan Bates and others; Defendant: Post Office Limited
Jurisdiction
England and Wales
Judgment Date
07 June 2019
Procedural Posture
Group Litigation Order (glo) Costs Judgment / Post Trial, Consequential Costs Determination Following Common Issues Trial
Outcome
Costs order in favour of Claimants for Common Issues trial, subject to 10% reduction; costs to be assessed on the standard basis; interim payments on account ordered; all costs subject to detailed assessment.
Legal Topics
Group Litigation Orders, Costs Assessment, Interim Payments, Detailed Assessment, Standard Vs Indemnity Costs
Civil Procedure Group Litigation Costs Group Litigation Orders Costs Assessment Interim Payments Detailed Assessment Standard Vs Indemnity Costs

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Parties

Alan Bates and others

Claimants

Post Office Limited

Defendant

Procedural Posture

Group Litigation Order (glo) Costs Judgment / Post Trial, Consequential Costs Determination Following Common Issues Trial

Legal Issues

  1. 1 Whether costs of the Common Issues trial should be reserved or ordered now
  2. 2 Whether costs should be assessed on the standard or indemnity basis
  3. 3 What proportion of costs should be recoverable by the Claimants

Ratio Decidendi

The court has discretion to make an immediate costs order following resolution of Common Issues in group litigation, and it is appropriate to do so here. The Claimants were broadly more successful but not wholly so; a 10% reduction in their recoverable costs is justified to reflect the Post Office's partial success and its conduct in unnecessarily extending the trial. Costs are to be assessed on the standard basis. Interim payments on account are ordered based on the approved costs budget and incurred costs, and all costs (budgeted and pre-budgeted) are subject to detailed assessment.

Court Disposition

Costs order in favour of Claimants for Common Issues trial, subject to 10% reduction; costs to be assessed on the standard basis; interim payments on account ordered; all costs subject to detailed assessment.

Orders

  • Post Office to pay Claimants' costs of the Common Issues trial, subject to a 10% reduction.
  • Costs to be assessed on the standard basis.